VC 23123 Phone, Equipment & Higher-Risk Tickets

Cell Phone / Handheld Use While Driving

California Vehicle Code 23123 prohibits driving while holding and using a wireless telephone unless the device is used hands-free. The law was significantly strengthened in 2017 under AB 1785, which expanded the restriction to cover any handheld use of wireless communications devices, not just phone calls. A first offense carries a base fine of $20 (with assessments totaling approximately $162), and critically, it does not add points to your DMV record — but a second offense has a higher base fine, and the citation can still appear on your record.

DMV Points
Non-point
Fine
~$158 and up
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California Vehicle Code § 23123 — Wireless telephone; use while driving

Source: leginfo.legislature.ca.gov

(a)
A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.
(b)
A violation of this section is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense.
(c)
This section does not apply to a person using a wireless telephone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.
(d)
This section does not apply to an emergency services professional using a wireless telephone while operating an authorized emergency vehicle in the course and scope of his or her duties.
(e)
This section does not apply to a person driving a schoolbus or transit vehicle that is subject to Section 23125.
(f)
This section does not apply to a person using a wireless telephone while driving a motor vehicle on private property.

Amended by Stats. 2016, Ch. 660, Sec. 2. Effective January 1, 2017.

Fine & Penalty Amounts

Estimated totals include all mandatory state and county penalty assessments. Actual amounts vary by county court.

Violation Range Est. Total with Assessments Notes
First offense ~$162 Non-point infraction.
Second offense ~$285 Non-point infraction.
Subsequent offenses ~$285 Each subsequent offense after the first.
Base fines are set by VC 23123. Estimated totals include California's mandatory penalty assessments, which add significantly to the base fine. Actual totals vary by county. Unlike most moving violations, VC 23123 is a non-point infraction — a conviction does not add DMV points.

Frequently Asked Questions

Common questions drivers search for after receiving this citation.

No. VC 23123 violations are non-point infractions in California. A conviction will not add DMV points to your driving record. However, the citation may still appear on your record as an infraction, and some insurers may consider it at renewal depending on their rating practices.
The base fine is $20 for a first offense and $50 for each subsequent offense. After California's mandatory penalty assessments and surcharges are applied, the total for a first offense is approximately $162, and approximately $285 for a second or subsequent offense. The exact total varies by county.
A device is considered hands-free under VC 23123 if it is specifically designed and configured to allow hands-free listening and talking, and is used that way while driving. This includes Bluetooth earpieces, speakerphone mounted on the dashboard (without holding the phone), and vehicle-integrated calling systems. Holding the phone to your ear, or holding it in your hand while using speakerphone, is a violation even if you are only listening.
VC 23123 covers using a wireless telephone while driving without a hands-free configuration. VC 23123.5 (expanded by AB 1785 in 2017) covers holding and operating any handheld wireless communications device for any purpose — including texting, scrolling, or using apps — while driving. Both are non-point infractions with the same fine structure. Many citations reference both sections or only 23123.5 for handheld use after 2017.
Yes, dismissal is possible. Common approaches include demonstrating that the device was not in use, that the use was for a qualifying emergency (VC 23123(c)), that the vehicle was stopped off the roadway, or challenging whether the officer had a clear view to observe the alleged violation. A Trial by Written Declaration allows you to contest the ticket in writing without appearing in court.
Potentially yes. While non-point infractions do not add DMV points, some California auto insurers independently access your driving record and may rate non-point convictions as minor infractions at renewal. The impact depends on your specific carrier and policy. Keeping your record clear of any convictions is generally better for your insurance rate.

Also frequently cited with

California drivers who receive this citation often have questions about these related violations.

VC 23123.5(a) Texting While Driving VC 24252(a) Equipment / Lighting Violation VC 27315 Seat Belt Violation VC 23103 Reckless Driving VC 23109(c) Exhibition of Speed

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